Intergovernmental Relations Framework ACT 13 October 2005

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Intergovernmental Relations Framework ACT 13
October 2005
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Purpose of presentation

• To explain the constitutional and legislative
  foundations underpinning intergovernmental
  relations
• To explain current reality of Intergovernmental
  coordination (Why an Act is needed)
• 3. To provide a brief overview of the chapters of
  the Act

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Constitutional and Legislative Imperatives

• Chapter three of the Constitution provides
  guiding principles and values(section 41(1))
• Section 154 (1) National Provincial must
  support and strengthen capacity of municipalities
• Section 41(2) requirement for IGR Act
• Other legislations, e.g. sector legislations,
  Mun. Structures Act (section 88), etc.
• Non-negotiable, obligatory and apply equally to
  all spheres of government

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Government s Program of Action

• To improve integration among all spheres of
  government in both policy development and
  implementation the intergovernmental relations
  bill has been finalizedThis will be complemented
  by the alignment of spatial and development
  strategies and planning cycles among all three
  spheres of government. President Mbeki SON 11
  February 2005

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Intergovernmental relations current reality (Why
Act is needed)

• Implications
• Informality means intergovernmental relations can
  become discretionary
• Lack of certainty about inclusion of local
  government
• Joint decision-trap (risk of proliferation of
  institutions without clear purpose hampers
  performance)
• High transaction costs of coordination
• Weak geographic and spatial targeting
  (integrating outcomes)

• Current reality
• Ten Year Review assesses successes in past decade
  and the need to improve implementation capability
• Intergovernmental relations has evolved over ten
  years
• System is largely informal
• Self-regulatory system impacts on the capability
  of Government to accelerate service provision
• Best practice has emerged and should be
  consolidated

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Lengthy, inclusive consultation in Government
Nov 2004

Version 1
Version 2
Published
Version of Bill
Cabinet approval
Cabinet Workshop
Cabinet Committee
10YR
ELECTION
Premiers wkp LG MinMEC PCC 2 Intergovt wkps
Clusters PCC MinMEC Written inputs
May/June 2005
NA NCOP Approved
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Act informed by..

• PRC report
• Local Government White Paper
• Intergovernmental Relations Audit Report
• Discussion documents
• Cabinet decisions and Makgotla resolutions
• Ten Year Review
• Constitutional Court cases
• Governments POA

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Key programs 2005

• Intergovernmental Relations Framework legislation
• Process (lead by Presidency) to align development
  priorities of all three spheres National
  Planning Framework
• Supporting provinces to develop Provincial Growth
  and Development Strategies (PGDS) and
  municipalities to review Integrated Development
  Plans (IDP)
• 4. IDP Hearings (commenced March 2005) focus on
  engagement with development priorities and
  municipal capability to implement IDP
• 5. Project Consolidate

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Object of Act

• To facilitate co-ordination in the implementation
  of policy and legislation, including
• Coherent government
• Effective provision of service
• Monitoring implementation of policy and
  legislation
• Realisation of developmental goals of government
  as a whole

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Promoting object of the Act

• All spheres of government must seek to achieve
  object of the Act, by
• Taking into account circumstances, material
  interest and budget of other government, when
  performing their functions
• Consulting other affected organs of state through
  direct contact or through any relevant IGR
  structures
• Co-ordinating their actions when implementing
  policy and legislation affecting other
  government
• Avoiding unnecessary and wasteful duplication or
  jurisdictional contest/turfs
• Support and build capacity, share information and
  consult other affected governments and
• Participate in IGR structures

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Overview of chapters

• Chapter One Interpretation, Application and
  Object of Act
• Chapter Two Intergovernmental structures
• Chapter Three Conduct of Intergovernmental
  Relations
• Chapter Four Resolution of intergovernmental
  disputes
• Chapter Five Miscellaneous

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Chapter One Interpretation, Application and
Object of Act

• Applies to organs of executive government in all
  three spheres and organs of state
• President (in Cabinet)
• Premier (in Council)
• Mayor (in Council)
• Does not apply to
• Parliament
• Legislatures
• Courts and judicial Officers
• Institutions established in terms of Chapter 9
• (eg. Public Service Commission, etc)_

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Chapter Two Intergovernmental structures

• Provides for Presidents Coordinating Council,
  National Intergovernmental Forums, Premiers
  Intergovernmental forum, and District
  Intergovernmental Forums, and certain other
  structures
• Defines primary purpose of each institution
• Streamlined system of executive coordination and
  consultation
• Structural focus on implementation of key
  priorities and performance

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Chapter Three Conduct of intergovernmental
relations

• Defines roles and responsibilities for
  intergovernmental relations
• Chapter also provides for flexible implementation
  protocols to assist the division of
  responsibilities between spheres in key areas of
  national priority in spatially integrated ways
  and
• Internal procedures/ status of IGR structures

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Chapter Four Resolution of intergovernmental
disputes

• Organs of State must seek to resolve own disputes
  without resorting to judicial proceedings
  (reasonable effort)
• Default measure (Chapter does not apply if other
  Act applies)
• Compliance with procedures mandatory
• Non-compliance precludes court action
• Facilitation role for Minister of Provincial and
  Local Government or MEC for Local Government

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Chapter Five Miscellaneous

• Main purpose of chapter is to provide for
  reporting, regulation and other incidental
  matters
• Ministerial Report to Parliament in both Houses
  with regard to, inter alia
• General conduct of IGR in Republic
• Incidence and Resolution of Intergovernmental
  Disputes
• 3. Provide for Minister to issue guidelines/ or
  regulation

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Implementation Plan

• National inaugural launch (IGR Charter)
• Pocket size booklet/ IGR Practitioners Guide
• Content-based IGR, informed by alignment
  initiatives, IDP Action Plans and Project
  Consolidate interventions
• Sector mobilisation campaign
• Bring predictability on issue of powers and
  functions
• Support to cross cutting programmes, e.g. URP,
  ISRDP, EPWP,etc

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Thank you
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